Department of Communities and Justice (DCJ) and the Dalton Tomkins Children [2023] NSWChC 10

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and the Dalton Tomkins Children [2023] NSWChC 10 Hearing dates: 21, 22, 29 November, 16 and 17 January, 7 and 8 March 2023 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Care and protection Before: Children's Magistrate Ford Decision: There is no realistic possibility of restoration of the children to either the mother or the father within a reasonable period. Catchwords: CHILDREN – Care and Protection – Funded Service Providers – unsatisfactory case management – subpoena inspection – best practice – Children's Court Clinic recommendations – follow up – realistic possibility of restoration Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: DCJ and Bloom (2021) NSW ChC 2 Isles & Nelissen [2022] FedCFamC1A 97 Department of Communities and Justice (DCJ) and Jamzie [2022] NSWChC 1 Fitzwater v Fitzwater [2019] FamCAFC 251 Department of Communities and Justice (DCJ) and Janet and Xing-fu [2022] NSWChC 7 The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 M v M [1988] HCA 68 Category: Principal judgment Parties: Secretary, Department of Communities and Justice Bessie, Indigo, Fiona and Natalie (Children) The Mother The Father Representation: Solicitors: Ms Ferguson (Secretary) Mr O'Donnell (Mother) Mr Schleiger (Father) Ms Ross (Direct Legal Representative for Bessie) Ms Bennett (Independent Legal Representative for Indigo, Fiona and Natalie) File Number(s): 2021/00202175 Publication restriction: Pseudonyms have been used for the children, family members, caseworkers, and funded service providers.